- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 07-03-2013
- Case #: A147242
- Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J.; and Haselton, J.
- Full Text Opinion
Defendant appealed a conviction of burglary in the first degree, theft in the third degree and two counts of criminal mischief in the second degree. On the morning of March 23rd, 2010, the owner of a storage facility reported a burglary of one of the units. The next day, items from the burglarized storage unit were discovered in Defendant's backpack and residence. Defendant later admitted that the items in his possession were from the burglarized storage unit. Based on the evidence that the Defendant was in possession of those items in two separate locations, the trial court found that there was enough evidence to infer that Defendant did burglarize the unit and found Defendant guilty on all charges. On appeal, Defendant argued that mere possession of the items was not enough evidence to prove that he was present at the storage facility. The Court of Appeals held that it was reasonably probable that the Defendant was at the storage unit and the evidence presented was legally sufficient to allow the trial court to make that inference. Affirmed.